Text: H01638 Text: H01640 Text: H01600 - H01699 Text: H Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend House File 727 as follows: 1 2 #1. Page 6, by inserting before line 7, the 1 3 following: 1 4 "DIVISION __ 1 5 INVOLUNTARY COMMITMENT PLACEMENTS 1 6 Section 1. Section 229.6A, subsection 2, Code 1 7 2001, is amended to read as follows: 1 8 2. The procedural requirements of this chapter are 1 9 applicable to minors involved in hospitalization 1 10 proceedings pursuant to subsection 1 and placement 1 11 proceedings pursuant to section 229.14B. 1 12 Sec. . Section 229.13, Code 2001, is amended to 1 13 read as follows: 1 14 229.13 EVALUATION ORDER –OUTPATIENTTREATMENT – 1 15 UNAUTHORIZED DEPARTURE OR FAILURE TO APPEAR. 1 16If upon completion of the hearing the court finds1 17that the contention that the respondent has a serious1 18mental impairment is sustained by clear and convincing1 19evidence, the court shall order a respondent whose1 20expenses are payable in whole or in part by a county1 21committed to the care of a hospital or facility1 22designated through the single entry point process, and1 23shall order any other respondent committed to the care1 24of a hospital or a facility licensed to care for1 25persons with mental illness or substance abuse or1 26under the care of a facility that is licensed to care1 27for persons with mental illness or substance abuse on1 28an outpatient basis as expeditiously as possible for a1 29complete psychiatric evaluation and appropriate1 30treatment.1 31 1. If upon completion of the hospitalization 1 32 hearing the court finds by clear and convincing 1 33 evidence that the respondent has a serious mental 1 34 impairment, the court shall order the respondent 1 35 committed as expeditiously as possible for a complete 1 36 psychiatric evaluation and appropriate treatment as 1 37 follows: 1 38 a. The court shall order a respondent whose 1 39 expenses are payable in whole or in part by a county 1 40 placed under the care of an appropriate hospital or 1 41 facility licensed to care for persons with mental 1 42 illness or substance abuse designated through the 1 43 single entry point process on an inpatient or 1 44 outpatient basis. 1 45 b. The court shall order any other respondent 1 46 placed under the care of an appropriate hospital or 1 47 facility licensed to care for persons with mental 1 48 illness or substance abuse on an inpatient or 1 49 outpatient basis. 1 50 2. The court shall provide notice to the 2 1 respondent and the respondent's attorney of the 2 2 placement order under subsection 1. The court shall 2 3 advise the respondent and the respondent's attorney 2 4 that the respondent has a right to request a placement 2 5 hearing held in accordance with the requirements of 2 6 section 229.14B. 2 7 3. If the respondent is ordered atthea hearing 2 8 to undergo outpatient treatment, the outpatient 2 9 treatment provider must be notified and agree to 2 10 provide the treatment prior to placement of the 2 11 respondent under the treatment provider's care. 2 12 4. The court shall furnish to the chief medical 2 13 officer of the hospital or facility at the time the 2 14 respondent arrives at the hospital or facility for 2 15 inpatient or outpatient treatment a written finding of 2 16 fact setting forth the evidence on which the finding 2 17 is based. If the respondent is ordered to undergo 2 18 outpatient treatment, the order shall also require the 2 19 respondent to cooperate with the treatment provider 2 20 and comply with the course of treatment. 2 21 5. The chief medical officer of the hospital or 2 22 facility at which the respondent is placed shall 2 23 report to the court no more than fifteen days after 2 24 theindividualrespondent isadmitted to orplaced 2 25under the care of the hospital or facility, making a 2 26 recommendation for disposition of the matter. An 2 27 extension of time may be granted,fornot to exceed 2 28 seven days upon a showing of cause. A copy of the 2 29 report shall be sent to the respondent's attorney, who 2 30 may contest the need for an extension of time if one 2 31 is requested.ExtensionAn extension of time shall be 2 32 granted upon request unless the request is contested, 2 33 in which case the court shall make such inquiry as it 2 34 deems appropriate and may either order the 2 35 respondent's release from the hospital or facility or 2 36 grant extension of time for psychiatric evaluation. 2 37 If the chief medical officer fails to report to the 2 38 court within fifteen days after the individual is 2 39admitted to orplaced under the care of the hospital 2 40 or facility, andnoan extension of time has not been 2 41 requested, the chief medical officer is guilty of 2 42 contempt and shall be punished under chapter 665. The 2 43 court shall order a rehearing on the application to 2 44 determine whether the respondent should continue to be 2 45helddetained at or placed under the care of the 2 46 facility. 2 47 6. If, after placementand admissionof a 2 48 respondent in or under the care of a hospital or other 2 49 suitable facility for inpatient treatment, the 2 50 respondent departs from the hospital or facility or 3 1 fails to appear for treatment as ordered without prior 3 2 proper authorization from the chief medical officer, 3 3 upon receipt of notification of the respondent's 3 4 departure or failure to appear by the chief medical 3 5 officer, a peace officer of the state shall without 3 6 further order of the court exercise all due diligence 3 7 to take the respondent into protective custody and 3 8 return the respondent to the hospital or facility. 3 9 Sec. . Section 229.14, Code 2001, is amended to 3 10 read as follows: 3 11 229.14 CHIEF MEDICAL OFFICER'S REPORT. 3 12 1. The chief medical officer's report to the court 3 13 on the psychiatric evaluation of the respondent shall 3 14 be made not later than the expiration of the time 3 15 specified in section 229.13. At least two copies of 3 16 the report shall be filed with the clerk, who shall 3 17 dispose of them in the manner prescribed by section 3 18 229.10, subsection 2. The report shall state one of 3 19 the four following alternative findings: 3 201.a. That the respondent does not, as of the date 3 21 of the report, require further treatment for serious 3 22 mental impairment. If the report so states, the court 3 23 shall order the respondent's immediate release from 3 24 involuntary hospitalization and terminate the 3 25 proceedings. 3 262.b. That the respondent is seriously mentally 3 27 impaired and in need of full-time custody, care and 3 28 inpatient treatment in a hospital, and is considered 3 29 likely to benefit from treatment.If the report so3 30states, the court shall enter an order which may3 31require the respondent's continued hospitalization for3 32appropriate treatment.The report shall include the 3 33 chief medical officer's recommendation for further 3 34 treatment. 3 353.c. That the respondent is seriously mentally 3 36 impaired and in need of treatment, but does not 3 37 require full-time hospitalization. If the report so 3 38 states, it shall include the chief medical officer's 3 39 recommendation for treatment of the respondent on an 3 40 outpatient or other appropriate basis, and the court3 41shall enter an order which may direct the respondent3 42to submit to the recommended treatment.The order3 43shall provide that if the respondent fails or refuses3 44to submit to treatment as directed by the court's3 45order, the court may order that the respondent be3 46taken into immediate custody as provided by section3 47229.11 and, following notice and hearing held in3 48accordance with the procedures of section 229.12, may3 49order the respondent treated as a patient requiring3 50full-time custody, care, and treatment in a hospital4 1until such time as the chief medical officer reports4 2that the respondent does not require further treatment4 3for serious mental impairment or has indicated the4 4respondent is willing to submit to treatment on4 5another basis as ordered by the court. If a patient4 6is transferred for treatment to another provider under4 7this subsection, the treatment provider who will be4 8providing the outpatient or other appropriate4 9treatment shall be provided with relevant court orders4 10by the former treatment provider.4 114.d. The respondent is seriously mentally 4 12 impaired and in need of full-time custody and care, 4 13 but is unlikely to benefit from further inpatient 4 14 treatment in a hospital.If the report so states, the4 15 The report shall include the chief medicalofficer4 16 officer'sshall recommendrecommendation for an 4 17 alternative placement for the respondentand the court4 18shall enter an order which may direct the respondent's4 19transfer to the recommended placement. 4 20 2. Following receipt of the chief medical 4 21 officer's report under subsection 1, paragraph "b", 4 22 "c", or "d", the court shall issue an order for 4 23 appropriate treatment as follows: 4 24 a. For a respondent whose expenses are payable in 4 25 whole or in part by a county, placement as designated 4 26 through the single entry point process in the care of 4 27 an appropriate hospital or facility on an inpatient or 4 28 outpatient basis, or other appropriate treatment, or 4 29 in an alternative placement. 4 30 b. For any other respondent, placement in the care 4 31 of an appropriate hospital or facility on an inpatient 4 32 or outpatient basis, or other appropriate treatment, 4 33 or an alternative placement. 4 34 c.AFor a respondent who is an inmate in the 4 35 custody of the department of correctionsmay, as a4 36court-ordered alternative placement, the court may 4 37 order the respondent to receive mental health services 4 38 in a correctional program.If the court or the4 39respondent's attorney considers the placement4 40inappropriate, an alternative placement may be4 41arranged upon consultation with the chief medical4 42officer and approval of the court.4 43 d. If the court orders treatment of the respondent 4 44 on an outpatient or other appropriate basis as 4 45 described in the chief medical officer's report 4 46 pursuant to subsection 1, paragraph "c", the order 4 47 shall provide that, should the respondent fail or 4 48 refuse to submit to treatment in accordance with the 4 49 court's order, the court may order that the respondent 4 50 be taken into immediate custody as provided by section 5 1 229.11 and, following notice and hearing held in 5 2 accordance with the procedures of section 229.12, may 5 3 order the respondent treated as on an inpatient basis 5 4 requiring full-time custody, care, and treatment in a 5 5 hospital until such time as the chief medical officer 5 6 reports that the respondent does not require further 5 7 treatment for serious mental impairment or has 5 8 indicated the respondent is willing to submit to 5 9 treatment on another basis as ordered by the court. 5 10 If a patient is transferred for treatment to another 5 11 provider under this paragraph, the treatment provider 5 12 who will be providing the outpatient or other 5 13 appropriate treatment shall be provided with relevant 5 14 court orders by the former treatment provider. 5 15 Sec. . Section 229.14A, Code 2001, is amended 5 16 to read as follows: 5 17 229.14A ESCAPE FROM CUSTODY. 5 18 A person who is placed in a hospital or other 5 19 suitable facility for evaluation under section 229.13 5 20 or who is required to remain hospitalized for 5 21 treatment under section 229.14, subsection 2,shall 5 22 remain at that hospital or facility unless discharged 5 23 or otherwise permitted to leave by the court or the 5 24 chief medical officer of the hospital or facility. If 5 25 a person placed at a hospital or facility or required 5 26 to remain at a hospital or facility leaves the 5 27 facility without permission or without having been 5 28 discharged, the chief medical officer may notify the 5 29 sheriff of the person's absence and the sheriff shall 5 30 take the person into custody and return the person 5 31 promptly to the hospital or facility. 5 32 Sec. . NEW SECTION. 229.14B PLACEMENT ORDER 5 33 – NOTICE AND HEARING. 5 34 1. With respect to a chief medical officer's 5 35 report made pursuant to section 229.14, subsection 1, 5 36 paragraph "b", "c", or "d", or any other provision of 5 37 this chapter related to involuntary commitment for 5 38 which the court issues a placement order or a transfer 5 39 of placement is authorized, the court shall provide 5 40 notice to the respondent and the respondent's attorney 5 41 or mental health advocate pursuant to section 229.19 5 42 concerning the placement order and the respondent's 5 43 right to request a placement hearing to determine if 5 44 the order for placement or transfer of placement is 5 45 appropriate. 5 46 2. The notice shall provide that a request for a 5 47 placement hearing must be in writing and filed with 5 48 the clerk within seven days of issuance of the 5 49 placement order. 5 50 3. A request for a placement hearing may be signed 6 1 by the respondent, the respondent's next friend, 6 2 guardian, or attorney. 6 3 4. The court, on its own motion, may order a 6 4 placement hearing to be held. 6 5 5. a. A placement hearing shall be held no sooner 6 6 than four days and no later than seven days after the 6 7 request for the placement hearing is filed unless 6 8 otherwise agreed to by the parties. 6 9 b. The respondent may be transferred to the 6 10 placement designated by the court's placement order 6 11 and receive treatment unless a request for hearing is 6 12 filed prior to the transfer. If the request for a 6 13 placement hearing is filed prior to the transfer, the 6 14 court shall determine where the respondent shall be 6 15 detained and treated until the date of the hearing. 6 16 c. If the respondent's attorney has withdrawn 6 17 pursuant to section 229.19, the court shall appoint an 6 18 attorney for the respondent in the manner described in 6 19 section 229.8, subsection 1. 6 20 6. Time periods shall be calculated for the 6 21 purposes of this section excluding weekends and 6 22 official holidays. 6 23 7. If a respondent's expenses are payable in whole 6 24 or in part by a county through the single entry point 6 25 process, notice of a placement hearing shall be 6 26 provided to the county attorney and the county's 6 27 single entry point process administrator. At the 6 28 hearing, the county may present evidence regarding 6 29 appropriate placement. 6 30 8. In a placement hearing, the court shall 6 31 determine a placement for the respondent in accordance 6 32 with the requirements of section 229.23, taking into 6 33 consideration the evidence presented by all the 6 34 parties. 6 35 9. A placement made pursuant to an order entered 6 36 under section 229.13 or 229.14 or this section shall 6 37 be considered to be authorized through the single 6 38 entry point process. 6 39 Sec. . Section 229.15, subsections 1 through 3, 6 40 Code 2001, are amended to read as follows: 6 41 1. Not more than thirty days after entry of an 6 42 order for continued hospitalization of a patient under 6 43 section 229.14, subsection21, paragraph "b", and 6 44 thereafter at successive intervals of not more than 6 45 sixty days continuing so long as involuntary 6 46 hospitalization of the patient continues, the chief 6 47 medical officer of the hospital shall report to the 6 48 court which entered the order. The report shall be 6 49 submitted in the manner required by section 229.14, 6 50 shall state whether the patient's condition has 7 1 improved, remains unchanged, or has deteriorated, and 7 2 shall indicate if possible the further length of time 7 3 the patient will be required to remain at the 7 4 hospital. The chief medical officer may at any time 7 5 report to the court a finding as stated in section 7 6 229.14, subsection41, and the court shall act 7 7thereonupon the finding as required bythatsection 7 8 229.14, subsection 2. 7 9 2. Not more than sixty days after the entry of a 7 10 court order for treatment of a patient pursuant to a 7 11 report issued under section 229.14, subsection31, 7 12 paragraph "c", and thereafter at successive intervals 7 13 as ordered by the court but not to exceed ninety days 7 14 so long as that court order remains in effect, the 7 15 medical director of the facility treating the patient 7 16 shall report to the court which entered the order. 7 17 The report shall state whether the patient's condition 7 18 has improved, remains unchanged, or has deteriorated, 7 19 and shall indicate if possible the further length of 7 20 time the patient will require treatment by the 7 21 facility. If at any time the patient without good 7 22 cause fails or refuses to submit to treatment as 7 23 ordered by the court, the medical director shall at 7 24 once so notify the court, which shall order the 7 25 patient hospitalized as provided by section 229.14, 7 26 subsection32, paragraph "d", unless the court finds 7 27 that the failure or refusal was with good cause and 7 28 that the patient is willing to receive treatment as 7 29 provided in the court's order, or in a revised order 7 30 if the court sees fit to enter one. If at any time 7 31 the medical director reports to the court that in the 7 32 director's opinion the patient requires full-time 7 33 custody, care and treatment in a hospital, and the 7 34 patient is willing to be admitted voluntarily to the 7 35 hospital for these purposes, the court may enter an 7 36 order approving hospitalization for appropriate 7 37 treatment upon consultation with the chief medical 7 38 officer of the hospital in which the patient is to be 7 39 hospitalized. If the patient is unwilling to be 7 40 admitted voluntarily to the hospital, the procedure 7 41 for determining involuntary hospitalization, as set 7 42 out in section 229.14, subsection32, paragraph "d", 7 43 shall be followed. 7 44 3. When a patient has been placed inaan 7 45 alternative facility other than a hospital pursuant to 7 46 a report issued under section 229.14, subsection41, 7 47 paragraph "d", a report on the patient's condition and 7 48 prognosis shall be made to the court which placed the 7 49 patient, at least once every six months, unless the 7 50 court authorizes annual reports. If an evaluation of 8 1 the patient is performed pursuant to section 227.2, 8 2 subsection 4, a copy of the evaluation report shall be 8 3 submitted to the court within fifteen days of the 8 4 evaluation's completion. The court may in its 8 5 discretion waive the requirement of an additional 8 6 report between the annual evaluations. If the 8 7 administrator exercises the authority to remove 8 8 residents from a county care facility or other county 8 9 or private institution under section 227.6, the 8 10 administrator shall promptly notify each court which 8 11 placed in that facility any resident so removed. 8 12 Sec. . Section 229.15, subsection 4, Code 2001, 8 13 is amended by striking the subsection and inserting in 8 14 lieu thereof the following: 8 15 4. a. When in the opinion of the chief medical 8 16 officer the best interest of a patient would be served 8 17 by a convalescent or limited leave, the chief medical 8 18 officer may authorize the leave and, if authorized, 8 19 shall promptly report the leave to the court. When in 8 20 the opinion of the chief medical officer the best 8 21 interest of a patient would be served by a transfer to 8 22 a different hospital for continued full-time custody, 8 23 care, and treatment, the chief medical officer shall 8 24 promptly send a report to the court. The court shall 8 25 act upon the report in accordance with section 8 26 229.14B. 8 27 b. This subsection shall not be construed to add 8 28 to or restrict the authority otherwise provided by law 8 29 for transfer of patients or residents among various 8 30 state institutions administered by the department of 8 31 human services. If a patient is transferred under 8 32 this subsection, the treatment provider to whom the 8 33 patient is transferred shall be provided with copies 8 34 of relevant court orders by the former treatment 8 35 provider. 8 36 Sec. . Section 229.16, Code 2001, is amended to 8 37 read as follows: 8 38 229.16 DISCHARGE AND TERMINATION OF PROCEEDING. 8 39 When the condition of a patient who is hospitalized 8 40 pursuant to a report issued under section 229.14, 8 41 subsection21, paragraph "b", or is receiving 8 42 treatment pursuant to a report issued under section 8 43 229.14, subsection31, paragraph "c", or is in full- 8 44 time care and custody pursuant to a report issued 8 45 under section 229.14, subsection41, paragraph "d", 8 46 is such that in the opinion of the chief medical 8 47 officer the patient no longer requires treatment or 8 48 care for serious mental impairment, the chief medical 8 49 officer shall tentatively discharge the patient and 8 50 immediately report that fact to the court which 9 1 ordered the patient's hospitalization or care and 9 2 custody.The court shall thereuponUpon receiving the 9 3 report, the court shall issue an order confirming the 9 4 patient's discharge from the hospital or from care and 9 5 custody, as the case may be, and shall terminate the 9 6 proceedings pursuant to which the order was issued. 9 7 Copies of the order shall be sent by regular mail to 9 8 the hospital, the patient, and the applicant if the 9 9 applicant has filed a written waiver signed by the 9 10 patient. 9 11 Sec. . Section 229.17, Code 2001, is amended to 9 12 read as follows: 9 13 229.17 STATUS OF RESPONDENT DURING APPEAL. 9 14WhereIf a respondent appeals to the supreme court 9 15 from a finding that the contention the respondent is 9 16 seriously mentally impaired has been sustained, and 9 17 the respondent was previously ordered taken into 9 18 immediate custody under section 229.11 or has been 9 19 hospitalized for psychiatric evaluation and 9 20 appropriate treatment under section 229.13 before the 9 21 court is informed of intent to appeal its finding, the 9 22 respondent shall remain in custody as previously 9 23 ordered by the court, the time limit stated in section 9 24 229.11 notwithstanding, or shall remain in the 9 25 hospital subject to compliance by the hospital with 9 26 sections 229.13 to 229.16, as the case may be, unless 9 27 the supreme court orders otherwise. If a respondent 9 28 appeals to the supreme court regarding a placement 9 29 order, the respondent shall remain in placement unless 9 30 the supreme court orders otherwise. 9 31 Sec. . Section 229.21, subsection 3, Code 2001, 9 32 is amended by adding the following new paragraph: 9 33 NEW PARAGRAPH. d. Any respondent with respect to 9 34 whom the magistrate or judicial hospitalization 9 35 referee has held a placement hearing and has entered a 9 36 placement order may appeal the order to a judge of the 9 37 district court. The request for appeal must be given 9 38 to the clerk in writing within ten days of the entry 9 39 of the magistrate's or referee's order. The request 9 40 for appeal shall be signed by the respondent, or the 9 41 respondent's next friend, guardian, or attorney. 9 42 Sec. . Section 229.28, Code 2001, is amended to 9 43 read as follows: 9 44 229.28 HOSPITALIZATION IN CERTAIN FEDERAL 9 45 FACILITIES. 9 46 When a court finds that the contention that a 9 47 respondent is seriously mentally impaired has been 9 48 sustained or proposes to order continued 9 49 hospitalization of any person, or an alternative 9 50 placement, as described under section 229.14, 10 1 subsection2 or 41, paragraph "b" or "d", and the 10 2 court is furnished evidence that the respondent or 10 3 patient is eligible for care and treatment in a 10 4 facility operated by the veterans administration or 10 5 another agency of the United States government and 10 6 that the facility is willing to receive the respondent 10 7 or patient, the court may so order. The respondent or 10 8 patient, when so hospitalized or placed in a facility 10 9 operated by the veterans administration or another 10 10 agency of the United States government within or 10 11 outside of this state, shall be subject to the rules 10 12 of the veterans administration or other agency, but 10 13 shall not thereby lose any procedural rights afforded 10 14 the respondent or patient by this chapter. The chief 10 15 officer of the facility shall have, with respect to 10 16 the person so hospitalized or placed, the same powers 10 17 and duties as the chief medical officer of a hospital 10 18 in this state would have in regard to submission of 10 19 reports to the court, retention of custody, transfer, 10 20 convalescent leave or discharge. Jurisdiction is 10 21 retained in the court to maintain surveillance of the 10 22 person's treatment and care, and at any time to 10 23 inquire into that person's mental condition and the 10 24 need for continued hospitalization or care and 10 25 custody. 10 26 Sec. . CODIFICATION. The Code editor shall 10 27 transfer section 229.14A, Code 2001, as amended by 10 28 this Act to section 229.14B, and shall codify section 10 29 229.14B, as enacted by this Act, as section 229.14A. 10 30 DIVISION __ 10 31 RELATED PROVISIONS 10 32 Sec. . Section 225.27, Code 2001, is amended to 10 33 read as follows: 10 34 225.27 DISCHARGE – TRANSFER. 10 35 The state psychiatric hospital may, at any time, 10 36 discharge any patient as recovered, as improved, or as 10 37 not likely to be benefited by further treatment. If 10 38 the patient being so discharged was involuntarily 10 39 hospitalized, the hospital shall notify the committing 10 40 judge or courtthereofof the discharge as required by 10 41 section 229.14, subsection 3or section 229.16, 10 42 whichever is applicable. Upon receiving the 10 43 notification, the court shall issue an order 10 44 confirming the patient's discharge from the hospital 10 45 or from care and custody, as the case may be, and 10 46 shall terminate the proceedings pursuant to which the 10 47 order was issued. The court or judge shall, if 10 48 necessary, appointsomea person to accompany the 10 49 discharged patient from the state psychiatric hospital 10 50 to such place as the hospital or the court may 11 1 designate, or authorize the hospital to appoint such 11 2 attendant. 11 3 Sec. . Section 226.26, Code 2001, is amended to 11 4 read as follows: 11 5 226.26 DANGEROUS PATIENTS. 11 6 The administrator, on the recommendation of the 11 7 superintendent, and on the application of the 11 8 relatives or friends of a patient who is not cured and 11 9 who cannot be safely allowed to go at liberty, may 11 10 releasesuchthe patient when fully satisfied that 11 11suchthe relatives or friends will provide and 11 12 maintain all necessary supervision, care, and 11 13 restraint oversuchthe patient. If the patient being 11 14soreleased was involuntarily hospitalized, the 11 15 consent of the district court which ordered the 11 16 patient's hospitalization placement shall be obtained 11 17 in advance in substantially the manner prescribed by 11 18 section 229.14, subsection 3. 11 19 Sec. . Section 226.33, Code 2001, is amended to 11 20 read as follows: 11 21 226.33 NOTICE TO COURT. 11 22 When a patient who was hospitalized involuntarily 11 23 and who has not fully recovered is discharged from the 11 24 hospital by the administrator under section 226.32, 11 25 notice of the order shall at once be sent to the court 11 26 which ordered the patient's hospitalization, in the 11 27 manner prescribed by section 229.14, subsection 4. 11 28 Sec. . Section 227.11, Code 2001, is amended to 11 29 read as follows: 11 30 227.11 TRANSFERS FROM STATE HOSPITALS. 11 31 A county chargeable with the expense of a patient 11 32 in a state hospital for persons with mental illness 11 33 shallremove suchfacilitate the transfer of the 11 34 patient to a county or private institution for persons 11 35 with mental illnesswhich has compliedthat is in 11 36 compliance with theaforesaidapplicable rules when 11 37 the administrator of the division or the 11 38 administrator's designeesoorders the transfer on a 11 39 finding thatsaidthe patient is suffering from 11 40 chronic mental illness or from senility and will 11 41 receive equal benefit by being so transferred. A 11 42 county shallremovefacilitate the transfer to its 11 43 county care facility of any patient in a state 11 44 hospital for persons with mental illness upon request 11 45 of the superintendent of the state hospital in which 11 46 the patient is confined pursuant to the 11 47 superintendent's authority under section 229.15, 11 48 subsection 4, and approval by the board of supervisors 11 49 of the county of the patient's residence. In no case 11 50 shall a patient be thus transferred except upon 12 1 compliance with section229.14, subsection 4,229.14B 12 2 or without the written consent of a relative, friend, 12 3 or guardian if such relative, friend, or guardian pays 12 4 the expense of the care of such patient in a state 12 5 hospital. Patients transferred to a public or private 12 6 facility under this section may subsequently be placed 12 7 on convalescent or limited leave or transferred to a 12 8 different facility for continued full-time custody, 12 9 care, and treatment when, in the opinion of the 12 10 attending physician or the chief medical officer of 12 11 the hospital from which the patient was so 12 12 transferred, the best interest of the patient would be 12 13 served by such leave or transfer.However, if the12 14patient was originally hospitalized involuntarily, the12 15leave or transfer shall be made in compliance with12 16section 229.15, subsection 4.For any patient who is 12 17 involuntarily committed, any transfer made under this 12 18 section is subject to the placement hearing 12 19 requirements of section 229.14B." 12 20 #2. Title page, line 4, by inserting after the 12 21 word "expenditures" the following: "and placements of 12 22 persons with serious mental impairments and". 12 23 #3. By renumbering as necessary. 12 24 12 25 12 26 12 27 CARROLL of Poweshiek 12 28 12 29 12 30 12 31 HUSER of Polk 12 32 12 33 12 34 12 35 12 36 12 37 12 38 HF 727.301 79 12 39 rh/cf
Text: H01638 Text: H01640 Text: H01600 - H01699 Text: H Index Bills and Amendments: General Index Bill History: General Index
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